# In the matter of Mavin Infra pvt. Ltd. CP (IB)1531(MB)-2017

> NCLT judgment dated 2019-04-22. Citation: TCN-2019-NCLT-03776. The case pertains to CP(IB)-1531(MB)/2017 filed under Section 9 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 22 Apr 2019
- **Citation:** TCN-2019-NCLT-03776
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mavin-infra-pvt-ltd-cp-ib1531mb-2017-9d3ef927

## Summary

### Background

The case pertains to CP(IB)-1531(MB)/2017 filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. The matter was heard by the Mumbai bench of the National Company Law Tribunal (NCLT).

## Facts

The case involves Alliance Enterprises as the operational creditor and Mavin Infra pvt Ltd as the corporate debtor. The case was filed under Section 9 of the Insolvency and Bankruptcy Code, 2016. During the hearing, no one responded from the operational creditor's side. However, the counsel for the corporate debtor was present, and the corporate debtor had filed a reply. The petition was dismissed due to the default of the petitioner (operational creditor). The key fact is the absence of a response from the operational creditor, leading to the dismissal of the petition.

## Issues and analysis

### Issue 1: Whether the petition should be dismissed due to the absence of a response from the operational …

**Ratio:** The ratio is that if the operational creditor fails to appear or respond during the

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**Reasoning:** The court reasoned that the absence of the operational creditor's response indicates a

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**Interpretation:** This highlights the importance of the operational creditor's active

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**Application:** In this specific case, the operational creditor's failure to respond led to the

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## Parties

- **Judges:** V. P. S…; Ravikumar…; +1 more
- **Appellants:** Alliance Enterpris…
- **Respondents:** Mavin Infra pvt…

## Timeline

- **2019-04-22 — Hearing…**: Hearing of Mumbai Bench of the…

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